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FAUSNER v. C. I. R.

No. 72-1739.

472 F.2d 561 (1973)

Donald W. FAUSNER and Anita C. Fausner, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 1973.

Attorney(s) appearing for the Case

Robert E. Davis, Dallas, Tex., for petitioners-appellants.

Scott P. Crampton, Asst. Atty. Gen., Raymond W. Sifly, Meyer Rothwacks, Attys., Tax Div., Dept. of Justice, Lee H. Henkel, Jr., Acting Chief Counsel, Internal Revenue Service, Robert S. Watkins, Atty., Tax Div., Washington, D. C., for respondent-appellee.

Before GODBOLD, DYER and CLARK, Circuit Judges.

PER CURIAM:

Donald W. Fausner, a commercial airline pilot employed by American Airlines, regularly traveled by private automobile from his home to his place of employment and back again, a round trip distance of approximately eighty-four miles. When Fausner traveled to or from a flight assignment he carried a forty pound flight-kit bag (containing flight manuals, maps, charts, etc.) and a twenty pound overnight bag (containing personal items and clothing). The record...

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